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(영문) 인천지방법원 2019.01.24 2017가단238676
손해배상(기)
Text

1. From July 22, 2017 to January 24, 2019, the Defendant’s KRW 22 million to the Plaintiff and the Plaintiff’s 6% per annum.

Reasons

1. Basic facts

A. On July 12, 2016, the Plaintiff was changed to F, and H, from among the fourth floors of the building D and E-ground buildings in Gyeyang-gu, Incheon. due to the merger between F through G, January 26, 2017.

(hereinafter referred to as the “instant Institute”) entered into a contract on the transfer of a business entity’s right under the condition that the said Institute takes over KRW 63 million for premiums.

B. At the time of July 22, 2016, the Plaintiff owned Nonparty H and I owned F, J, and I B before the merger among the instant Gosiwons, the Plaintiff owned K and G before the merger among the Gosiwons.

In below, two contracts entered into between H and the other party for F and K among the instant public notice sources of this case, respectively, shall be deemed to be a single contract, and all of the deposits, monthly rents, sales proceeds, etc. shall be entered.

Before July 21, 2017, the lease contract was concluded by setting the lease deposit amount of KRW 40 million in total, monthly rent of KRW 3 million (hereinafter “instant lease contract”) by July 21, 2017.

C. On December 16, 2016, the Defendant entered into a sales contract with Nonparty H and I by setting the instant public notice source as KRW 750 million in total, and completed the registration of ownership transfer with respect to the instant public notice source on January 26, 2017.

On April 11, 2017, the Defendant notified the Plaintiff of the intention to renew the instant lease contract after July 21, 2017, when the instant lease contract was terminated through content-certified mail, and notified the Plaintiff of the intention to increase the lease deposit to KRW 90 million and KRW 3.5 million monthly rent, respectively.

E. On May 7, 2017, the Plaintiff entered into a contract with Nonparty L for acquisition and transfer of the right (facilities) to transfer the instant public notice source of KRW 60 million premium, and received down payment KRW 6 million on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, 9, 11, 20 evidence, Eul 2.

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